A Search Order provides for the preservation of the subject matter of a claim or the preservation of documents and articles relating to the claim. It requires a defendant to allow a claimant’s solicitor to search the defendant’s premises (home, work or elsewhere that may be mentioned in the order) and remove all items covered by the order. Any search is usually conducted under the supervision of an independent solicitor (known as the Supervising Solicitor).

As a result of the tough economic conditions we are seeing a greater frequency of taking confidential information from their employees to try and give them an edge in the market place. However, it is quite commonplace for there to be no clear evidence that such confidential information has been taken, although the potential loss to the company, if it has been taken, may be substantial.

In such situations we are able to consider the available evidence, advise on the appropriate legal relief necessary to protect the employer’s position and provide a costs projection for the cost of pursuing any legal action. Obviously, there will often be cases where the loss or potential loss is quite small and we can discuss alternative strategies. However, where the potential loss could be substantial, it is essential to have clear decisive advice that will adopt a course of action that protects the business.

For further information, call Dean Parnell on 0121 698 2200 or contact us online

 

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